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ARMY | BCMR | CY2010 | 20100010345
Original file (20100010345.txt) Auto-classification: Denied

		
		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100010345 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of the Board's denial of his previous request for correction of his records to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states his name was apparently left off the list of those to receive the medal.  He states he was a member of a four-man team and the other three team members show the ARCOM in their records.  He states he informed the unit he had not received his certificate and they gave him the medal and told him they would get him the certificate.

3.  The applicant provides a newspaper clipping in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013411 on 14 January 2010.

2.  The newspaper clipping from the Elizabethton Star provided by the applicant is new evidence which requires that the Board reconsider his request.

3.  The applicant had prior active service in the Regular Army.  He enlisted in the Army National Guard on 4 August 1990.

4.  He was ordered to active duty on 12 September 1990 in support of Operations Desert Shield and Desert Storm.  He served in Southwest Asia during the period 25 October 1990 to 9 May 1991.

5.  His official military personnel file is void of any orders or other documents that indicate he was ever recommended for or awarded the ARCOM by proper authority and he provided no evidence with the exception of the newspaper clipping which indicates he was recommended for the ARCOM.

6.  He was released from active duty on 10 June 1991 and returned to his Army National Guard unit.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of active service does not show the ARCOM.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was given the ARCOM for service in support of Operations Desert Shield and Desert Storm by his unit.  However, there are no orders or sufficient corroborating evidence to show he was awarded the ARCOM.  As such, there is insufficient evidence to support correcting his records to show award of this medal.

2.  In view of the foregoing, there is an insufficient basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ____x____  ___x_____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090013411, dated 14 January 2010.



      __________x_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100010345



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20100010345



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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